CASE LAW UPDATE: Whether a person is guilty of wrongfully obtaining public assistance if they violate any one of the purposes of the programs?
Defendant was convicted of wrongfully obtaining public assistance. Defendant had obtained public assistance to which he was not entitled through making false statements in applications therefor. Defendant appealed. On appeal, defendant argued that the State had to prove he intended to defeat the purposes of all the public assistance programs listed in the statute, not just one. The Minnesota Supreme Court held that the statute requires proof that a defendant acted with the intent to defeat the purposes of any one or more of the listed public assistance programs, not all.
State v. Irby, A20-0375, Minnesota Supreme Court.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.